Child Abuse Investigations: Good, Bad or Ugly?

abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative and search and seizure powers, much greater than that of police, that can … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?

The topic for this particular article concerns Ohio’s Domestic Violence Statute which is O.R.C. Section 3113.31.  In it “domestic violence” is defined as the occurrence of one or more of the following acts against a family or household member:

  • Attempting to cause or recklessly causing bodily injury.
  • Placing another person by threat of force in fear of imminent serious physical harm or committing a violation of section 2903.311 (menacing by stalking) or section 2911.211 (aggravated trespass) of the Ohio Revised Code.
  • Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Ohio Revised Code.
  • Committing a sexually oriented offense as defined in section 2950.01 of the Ohio Revised Code.

Some readers may be wondering, “what is a Civil Protection Order?”  A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.  It is initiated in the Common Pleas Court usually in the Domestic Relations Division. This is the civil counterpart to a criminal Temporary Protection Order (TPO) which is often issued against a defendant charged with a crime such as domestic violence, menacing or … Read More... “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Divorcing the Abuser

divab.jpgThe single most dangerous element in living with an abusive man is your denial of the problem. More women are killed by their domestic partners than by the hands of strangers. If your spouse has shown any of the signs or symptoms of being abusive, it is extremely important that you get help. Depending upon the situation, help comes in all forms from seeking counseling to calling the police. The way to find out what intervention is most appropriate for your situation is to call the women’s shelters in your area. Even if you do not need “shelter” in a physical sense, the shelters can provide you with invaluable information anonymously and for free! If you do not have a shelter in your area, chances are the closest big city will have one. All of the shelters have toll-free lines, so it doesn’t matter which one you call. All calls are kept anonymous for your safety. The caseworker at the shelter can assist you in figuring out what you need to do to be safe. Some women feel embarrassed to call the shelters; they believe they should be able to handle it themselves, or their problem is not as bad … Read More... “Divorcing the Abuser”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jc_abuse.jpgIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads one to assume that automatically there will be a “smoke and … Read More... “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Ask Yourself, Who Really Needs Help in Your Family?

ramhelp.jpgIn spite of his mom’s death from breast cancer two years ago, 14-year-old Damian appeared to be doing well. He was experiencing typical adolescent issues with independence and responsibility, but seemed to be working those out with his dad. Damian was starting to think about college, motivated by a desire to “always make my mom proud of me.”

I was a bit taken aback when I shared my impressions with his dad. He became very quiet and simply said, “our family is not right. We need help.”

I finally realized that I was focusing on the wrong client. I stopped talking about Damian and instead questioned dad about how he was doing.

Dad spoke extensively about what it had been like over the past few years. He told me the story of the first time he met his wife, the only person he truly loved. They were together since junior year in high school and were each other’s best friend. He talked about how traumatic it was when he first learned of his wife’s cancer, and the painful three years he spent feeling helpless during her ordeal.

His story was one of love, loss and sadness. I’ve been well-trained to … Read More... “Ask Yourself, Who Really Needs Help in Your Family?”

Ohio Domestic Violence Proceedings – The Survey Says . . .

dv2.jpgThis is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations. Most courts will provide a petition form that you would need to complete. When you fill out the form, it will ask you questions about the alleged incident(s). Be sure to list sufficient information to put the other party on notice of what … Read More... “Ohio Domestic Violence Proceedings – The Survey Says . . .”

Who Says, I Can’t Own a Gun?

gun_law.jpgIt isn’t every day that a Family Law issue makes it all the way up to the United States Supreme Court.  Last month, however, the Court issued a decision in United States v. Hayes that could have a far-reaching impact on Domestic Relations and Criminal Law in Ohio and elsewhere.  A lot of people realize that Federal law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.  But now, after the Hayes decision, many more people are barred from possessing a firearm or even ammunition!

The Court’s decision in Hayes makes it so that an individual can be convicted of the Federal weapons prohibition statute even without having been convicted of a crime of domestic violence.  Most domestic violence laws are written in a manner that one of the requirements necessary to convict is proof that there was a “domestic relationship”.  There are many other crimes of violence where a “domestic relationship” between the defendant and victim is not an element for a conviction.  The Supreme Court held that a “domestic relationship, although it must be established beyond a reasonable doubt in a § 922(g)(9) firearms possession prosecution, need not … Read More... “Who Says, I Can’t Own a Gun?”

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